SHOBHA VIJAYRAO PUJARI Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) HEARD the learned Counsel for the respective parties. Rule, made returnable forthwith by consent of the parties.

(2.) THE respondent No. 5 is a Co-operative Housing Society and respondent No. 6 was the Chief Promoter of the respondent No. 5 society as well as the Builder. He was also the Chairman of the said society for some time, immediately after registration.

(3.) INITIALLY share Nos. 651 were allotted to Ramlal Damu Patil by the respondent No. 5 society. The said share was transferred in the name of the petitioner and her father-in-law on 16th July, 1992. One flat is allotted to the petitioner. It appears that the respondent No. 5 has borrowed some money from respondent No. 3 Finance Corporation. A notice under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short "the Act") was issued to the petitioner on 27th December, 1995 alleging that an amount of Rs. 61,903. 50 was due. The petitioner replied the said notice on January 4, 1996. It appears that no action was taken in pursuance of the notice dated 27th December, 1995. A fresh notice dated 2-3-1996 was issued under section 101 of the Act claiming an amount of Rs. 45,550/- from the petitioner. The petitioner also replied the said notice by her reply dated 19-3-1996. There is some dispute as to whether any further notice was issued to the petitioner or not. According to the petitioner, no further notice was issued to her. According to the respondent No. 3 a fresh notice was issued to the petitioner on 10-8-1999 calling her for hearing on 11-9-1999. It is, however, not necessary to resolve this controversy in this writ.